WEBSITE TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

Effective September 2, 2011

General

These Website Terms of Use (the “Terms”) govern the website of the Golden Gate National Parks Conservancy (the “Conservancy”). Please read the Terms carefully before using this website. By using and/or visiting this website, you acknowledge that you have read these Terms and signify your assent to both these Terms and the terms of our Privacy Policy, which is available at www.parkconservancy.org.

These Terms may be updated or revised by the Conservancy from time to time without notice to you. Any changes to these Terms will be effective prospectively upon their posting to this website. If you disagree with these Terms, your sole remedy is to discontinue your use of this website.

Registration

There are portions of this website that we make available to users in the general public without registering and you may visit or browse those portions without charge or obligation. Certain content of the website is displayed only to users who have created user IDs and passwords (each, a “Registered User”). If you are a Registered User, you agree to promptly notify us of any unauthorized use of your username, password or any other breach of security that you become aware of involving or relating to this website by emailing us at tellmemore@parksconservancy.org.

Intellectual Property

The content on this website, including without limitation, any text, software, graphics, and photos, and any trademarks, service marks and logos contained therein (collectively “Materials”) are owned by or licensed to the Conservancy, subject to copyright, trademark and other intellectual property rights.

Unless otherwise noted, no Materials from this website may be copied, reproduced, republished, uploaded, performed, distributed, displayed, posted, transmitted, or used to create a derivative work in any way without written permission of the rights owner, except that you may use information purposely made available by the Conservancy for downloading from this website, provided that you (1) keep intact all copyright and other proprietary notices, (2) use such information only for your proper informational purpose and do not copy or post such information on any other website or broadcast it in any media, and (3) make no modifications to any such information. You agree not to circumvent, disable, or otherwise interfere with any security related features of this website or features that prevent or restrict use or copying of any Materials or content.

Permission for all other uses of Materials contained herein must be obtained from the Conservancy or the appropriate rights owner in advance; otherwise, such use is prohibited.

All design rights, databases and compilation and other intellectual property rights associated with this website, in each case whether registered or unregistered, and related goodwill, are proprietary to the Conservancy.

You represent, warrant and agree that all materials submitted through your account or otherwise posted, transmitted, or shared by you on this website or through our page (as described below), including but not limited to text and photos (collectively “Submitted Materials”), will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

Trademarks and Service Marks

There are a number of proprietary logos, service marks, and trademarks found on this website that are the property of the Conservancy. By making them available on this website, the Conservancy is not granting you a license to use them in any fashion. No trademark or service mark may be used as a hyperlink without the Conservancy’s prior written permission.

Facebook Page

The Conservancy maintains a Facebook page (our “FB page”) to provide a place for people to learn more about the Conservancy and to interact around the Conservancy. All comments, visuals and other materials posted by visitors to our FB page do not necessarily reflect the opinions or ideas of the Conservancy. All visitors to our FB page must comply with Facebook’s Terms of Use. The Conservancy reviews some but not all postings to our FB page, and we will remove any postings that we have determined are inappropriate or offensive.

Other Prohibited Activities

In using the website or our FB page you agree not to:

Impersonate any person or misrepresent your identity or affiliation in any way;

This website is intended for use only by persons over the age of 13. The Conservancy does not seek to collect information about children under the age of 13. If you are under 13 years of age, please do not use or access this website at any time or in any manner. By using the website, you affirm that you are over the age of 13.

Links to Other Websites

This website contains links and references to other Internet sites, which are provided for informational purposes only. Such links do not imply an endorsement by the Conservancy of these organizations or the content of the websites.

Please note that when you click on one of these links, you are entering another website for which the Conservancy has no responsibility. We encourage you to read the terms of use and privacy statements on all such sites as their policies may be different than ours.

Disclaimer of Warranty

THE CONSERVANCY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, OR OTHERWISE RESPECTING THE CONTENT AVAILABLE ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THIS WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS WEBSITE IS DONE AT YOUR OWN RISK. THE CONTENT OF THIS WEBSITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, THE CONSERVANCY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

Limitation of Liability

THE CONSERVANCY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS WEBSITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, OR ANY COMPUTER VIRUS OR LINE FAILURE. THE CONSERVANCY WILL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify, defend and hold the Conservancy and its directors, officers, employees, agents and contractors harmless from and against any and all claims, damages, losses, costs (including without limitation reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (i) your breach of any provision of these Terms; (ii) your activities in connection with this website; or (iii) your Submitted Materials.

Termination of Access

We may terminate or restrict your use or access to this website (or any part thereof) for any reason, including, without limitation, that the Conservancy believes you have violated or acted inconsistently with the letter or spirit of these Terms, or any other terms, conditions or rules contained within this website.

Jurisdictional Issues

The Conservancy makes no representation that the content on this website is appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Miscellaneous

The Conservancy may provide notices of changes to these Terms or other matters by displaying notices or links on this website.

By choosing to visit this website or otherwise provide information to the Conservancy, you agree that any dispute over your use of this website or these Terms will be governed by the laws of the State of California. You also consent to the adjudication of any disputes arising in connection with our website in the state and federal courts of San Francisco County in the State of California.

If any provision of these Terms is unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY POLICY & DISCLAIMER

Effective September 2, 2011

This Privacy Policy sets forth the privacy practices and policies of the Golden Gate National Parks Conservancy (“we” or the “Conservancy”) with respect to information about you collected through this website.

In order to fully understand your rights, we encourage you to read this Privacy Policy. By using or accessing this website, you assent to this Privacy Policy; if you do not agree with the terms of this Privacy Policy, please do not use or access this website.

Please be aware that we may update and revise this Privacy Policy from time to time without notice to you. Any such change will be effective prospectively upon the posting of the revised Privacy Policy to the website.

This Privacy Policy describes the following:

The information about you that we may collect through this website, and how such information is used and stored;

When and with whom your information may be shared or disclosed, and how you may opt out of certain sharing of your information;

What kind of security procedures are in place to protect the loss, misuse or alteration of information under our control;

How you can correct any inaccuracies in your information; and

Certain other information related to our privacy practices on this website.

Questions regarding this Privacy Policy should be directed to the Conservancy by sending an email to tellmemore@parksconservancy.org. Please reference this Privacy Policy in your subject line.

1. What Information We Collect, and How We Use and Store It

Personal InformationIn general, you may visit our website without revealing any personally identifiable information about you. However, if you choose to interact with the Conservancy through our website, you will be asked to provide certain information, depending on the type of interaction. Specifically:

If you volunteer with the Conservancy, you must provide us with your first and last name and email address;

If you subscribe to our newsletter, you must provide your email address;

If you become a member of the Conservancy (by making a tax-deductible gift of $35 or more) or make any other donation to the Conservancy, you must provide your first and last name, billing address, phone number, email address and credit card information;

If you purchase merchandise from our online store, you must provide your first and last name, billing address, shipping address, email address and credit card information; and

If you register to be a recognized user of our website, you must create a username and password, and provide us with your email address.

With the exception of your credit card information, we store all of the above-noted information indefinitely in a database. For one-time transactions, your credit card information will be deleted immediately following our processing of your transaction; however, for recurring transactions (such as one-year memberships to be paid in monthly installments), we will store your credit card information until the final transaction is processed.

We use all of the above-noted information to facilitate your associated interactions with the website and transactions the Conservancy.

We may also use your email address and/or mailing address to send you periodic news about the Conservancy, promotional materials about the Conservancy and information about events hosted by the Conservancy, unless you inform us that you would like to opt out of receiving such communications by clicking on the “opt out” link in the associated email or by contacting us at the email address noted below.

We may also send you communications from time to time relating to your use of the website, such as administrative messages and communications regarding your account, without offering you the opportunity to opt out of receiving them.

Website Usage InformationAs with most websites, our website collects and stores usage information that is generated automatically as you navigate through our website. This aggregate information includes anonymous website statistics. In addition, when you browse our website, our system automatically collects information that may uniquely identify your browser, such as your Internet Protocol (“IP”) address, browser type, browser language, domain names, referring and exit pages and URLs and platform type. If you are a registered user, we may also collect and store your user name and information about your visit. We use this information to help diagnose problems with our server, administer the website, analyze trends, track users' movements, gather broad demographic information for aggregate use in order to improve the website, and deliver customized, personalized content. IP addresses are not linked to personally identifiable information.

CookiesTo enhance your experience, our website also employs browser cookies to store user preferences and record session information. “Cookies” are bits of information that are stored by your browser on your hard drive. This technology enhances your experience by allowing for the storage of user preferences and remembering you when you take action on our website.

Your browser is probably set to accept “cookies.” However, if you would prefer not to receive “cookies,” you can alter the configuration settings of your browser to refuse “cookies.” If you choose to do so, it is possible that some areas of our website will not function properly when you view them.

Tell-A-FriendIf a user elects to use our referral service to inform you about our website, we ask the user for your name and email address. We will send you a one-time email inviting you to visit our website. We store this information for the sole purpose of sending this one-time email. After sending the email, the information will be automatically deleted from our servers and it will not be shared with any third parties.

2. When Your Personal Information Will Be Shared or Disclosed

Third-Party OrganizationsWe may disclose your name and mailing address to certain unaffiliated third parties (typically, like-minded organizations), who may use such information for their own marketing purposes. If you would like to opt out of having your personal information shared with such third parties, please send an email with “Mail Opt Out” as the Subject line to membership@parksconservancy.org, call (415) 561-3060, or send a letter to: Membership, Golden Gate National Parks Conservancy, Building 201, Fort Mason, San Francisco CA 94123. In order to opt out, you will need to provide your name and mailing address in your communication.

Pursuant to Section 1798.83 of the California Civil Code, residents of California with an established business relationship with the Conservancy may request certain information with respect to the types of any personal information we have shared with third parties for direct marketing purposes by such third party, and the identities of the third parties with whom we have shared such information during the immediately preceding calendar year.

Third-Party Service ProvidersWe may disclose information about you to unaffiliated third-party contractors, without your consent, to enable such third parties to perform functions on our behalf in making available our website and/or the services offered on the website.

Legal ProcessWe will comply with any subpoena, court order or other legal process requesting any of the information about you in our possession, and the Conservancy may use such information to establish or exercise its legal rights, or to defend against legal claims.

Business TransactionInformation about you in our possession may also be disclosed as part of any merger, acquisition, sale of our assets, or transition of service to another provider, as well as in the unlikely event of insolvency, bankruptcy, or receivership in which your personal information would be transferred as one of the business assets of the Conservancy. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all of the terms of this Privacy Policy.

3. Our Security Measures

The Conservancy employs reasonable technological and operational security procedures intended to protect your personal information from loss, misuse, alteration, or unintentional destruction. Our security measures are periodically reviewed and updated in an effort to provide appropriate security for all the information collected about you through this website.

However, no security measure can guarantee against compromise. You should keep in mind that the website is run on software, hardware and networks, any component of which may, from time to time, require maintenance or experience problems or breaches of security beyond our control. Please also be aware that despite our best intentions, no data transmission over the Internet or encryption method is 100% secure.

4. How to Correct Any Inaccuracies in Your Information

You may update or correct any information provided by you through this website by sending us an email at tellmemore@parksconservancy.org or writing to us at the address noted below.

5. Miscellaneous

ChildrenThis website is not intended to collect or maintain personally identifiable information from persons under 13 years old. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE WEBSITE. If the Conservancy learns that personally identifiable information of a person under 13 years old has been collected without verifiable parental consent, then we will take the appropriate steps to delete this information.

DisputesBy choosing to visit this website or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of California. You also agree to abide by any limitation on damages contained in the Terms of Use posted to our website.

Contacting the ConservancyIf you have any questions about this Privacy Policy, the practices of this website, or your dealings with this website, you can email tellmemore@parksconservancy.org or write to: